How Long do I Have to File a Bed Sore Lawsuit?

By Bed Sore FAQ

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The answer depends on where the incident took place and where the proper venue for bringing the lawsuit is. The time to bring a lawsuit against a facility for developing bed sores is governed by the statute of limitations of the particular jurisdiction. Most states have specific statute of limitations for personal injury, medical malpractice cases, and nursing home negligence cases.

Determining the Applicable Statute of Limitations

The statute of limitations can vary tremendously by jurisdiction. Some states have statute of limitations as short as one year from the date of the injury and other states permit a cause of action to be brought up to eight years from the date of the injury. Yet in other states, there are notice requirements that must be complied with in order to maximize damages or recovery attorney fees.

Statute of limitations are strictly interpreted. If you fail to bring a lawsuit within the statute of limitations you will be forever barred from recovery.

Attorneys for Bed Sore Cases

This underlies the importance of contacting an experienced attorney shortly after you become aware of bed sores. Further, in many situations it is important to file a lawsuit far earlier than the statute of limitations in order to determine all of potentially responsible parties who may not be apparent until litigation is underway.

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After I read Jonathan’s Nursing Home Blog, I decided to hire him to look into my wife’s treatment at a local nursing home. Jonathan did a great job explaining the process and the laws that apply to nursing homes. I immediately felt at ease and was glad to have him on my side. Though the lawsuit process was at times frustrating, Jonathan reassured me, particularly at my deposition. I really felt like Jonathan cared about my wife’s best interests, and I think that came across to the lawyers for the nursing home. Eric